Cairns courts: Mark Christopher Stephensen sentenced for dangerous driving causing grievous bodily harm
An Innisfail man who accelerated and deliberately mowed down an innocent man pleaded not guilty despite the incident being captured on CCTV, a Cairns court has heard.
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An Innisfail man who accelerated and deliberately mowed down an innocent man pleaded not guilty despite the incident being captured on CCTV, a Cairns court has heard.
Mark Christopher Stephensen, 47, pleaded not guilty in Cairns District Court on Thursday to dangerous driving causing grievous bodily harm and leaving the scene of an accident when he ought to reasonably have known his victim was injured.
At the culmination of a five day trial, he was found guilty by a jury
During his sentencing, the court heard he denied to police he had run over the 34-year-old who he had conflict with.
Stephensen said when he drove away, the man had a hammer in his raised hand and he feared he was going to be hit with it.
But the man, a landscape gardener heavily into outdoor fitness, was writhing in agony on the ground with a shattered leg that now requires further surgery to remove metal bolts that are interfering with muscles and tendons.
He was transferred from Innisfail Hospital to Cairns Hospital for immediate surgery and suffered significant harm including ongoing pain, Judge Tracy Fantin said in her sentencing remarks.
“For four months he was not able to do anything physical, with a cast on his leg he couldn’t work, and suffered financial loss,” Judge Fantin said.
The victim returned to light duties and his limited capacity meant reduced income.
The court heard Stephensen had hostility toward the victim, had seen him in the car with his partner, Stephensen’s niece, twice that day and “given him the finger”.
The court was told later in the day, the victim saw Stephensen pulled up beside the car of a local 21-year-old, with whom he also had a beef, and had made a ‘slit your throat’ movement toward him earlier.
The victim and his partner pulled over to check the young man was okay, the court heard.
“You got out of the car with a long, thick metal torch and started swinging it at the victim,” Judge Fantin said.
Stephensen’s 15-year-old son emerged from the car armed with a hammer, but the woman took it and gave it to the victim, who did not raise the hammer, Judge Fantin said.
“You got back into the car, revved, accelerated, and turned right and he was struck with the right front of your vehicle as he walked away, he went under the car with his arms draped over the bonnet and the car was jerking or moving when you ran over him.
“Your behaviour that day was aggressive and erratic,” she said.
“It was an impulsive, and in my view, deliberate decision to drive toward him, it is impossible you did not know you had run the man over.”
She said Stephensen told lies when he said the man was holding a hammer up.
Stephensen was sentenced to five years and six months’ jail and disqualified from driving for four years.
Judge Fantin set a parole eligibility date of December 14, 2026, and declared 69 days in pre-sentence custody as time served.
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